* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. I THINK [00:00:01] YOU TECHNICALLY HAVE TO CALL THIS MEETING TO ORDER THE WORK SESSION. ALRIGHT, CALL THE WORK SESSION. [a. Receive training from the Planning Assistant Director concerning general instruction on Board of Adjustment procedures and rules.] I DO ORDER AT FOUR 30. STAFF. ALRIGHT, WELL THANK YOU VERY MUCH. UH, WE'LL TRY TO KEEP THIS, UH, LIGHTHEARTED AS A CONVERSATION. SO IF Y'ALL HAVE ANY QUESTIONS, FEEL FREE TO, UH, STOP ME AT ANY TIME. UH, WE ARE GONNA RECORD THIS AS WELL, JUST SO WE HAVE IT FOR FUTURE, UH, BOARDS OR, UM, WE CAN GIVE IT TO FOLKS ONBOARDING. SO WE'RE GONNA KIND OF TALK A LITTLE BIT ABOUT BOARD OF ADJUSTMENT 1 0 1 HERE. SO WE'RE GONNA FIRST GO OVER THE ROLE AND RESPONSIBILITIES OF THE BOARD OF ADJUSTMENT. UM, SO THIS COMES BOTH FROM TEXAS LOCAL GOVERNMENT CODE AS WELL AS OUR CITY ORDINANCES. SO THE BOARD OF ADJUSTMENT SERVES AS A SAFETY VALVE, UH, TO PREVENT THE UNCONSTITUTIONAL OR UNLAWFUL APPLICATION OF THE CITY'S ULDC. UH, Y'ALL'S ROLE, UH, INCLUDES PROVIDING EQUITY AND DUE PROCESS INDIVIDUALS THROUGH NO FAULTS OF THEIR OWN. THAT'S A VERY, UH, IMPORTANT STATEMENT THERE. BUT THROUGH NO FAULT OF THEIR OWN WOULD SUFFER INJURY IF THE ZONING ORDINANCE WERE STRICTLY APPLIED TO THEIR UNIQUE SITUATION. YOU CATCH A THEME HERE PRETTY QUICKLY, SO NO FAULT OF THEIR OWN. AND IT NEEDS TO BE UNIQUE SITUATION. YOUR ROLE IS TO GRANT SPECIAL EXCEPTIONS WHEN PROVIDED BY THE ZONING ORDINANCE AND TO HEAR AND DECIDE ANY APPEALS OF ANY INTERPRETATION OF THE ZONING REGULATIONS. YOU ALL ARE A QUASI-JUDICIAL BODY, SO THAT MEANS YOU ALL SERVE AS FACT FIND, UH, FACT FINDER. UH, THERE IS NO APPEAL OF YOUR DECISIONS TO CITY COUNCIL. UM, SO YOU ALL ARE THE FINAL ARBITER OF THESE, UH, DECISIONS. UH, THIS, UH, YOU ALL'S ACTIONS ARE SUBJECT TO THE TEXAS OPEN MEETING ACT, AND AGAIN, THE ACTIONS OF THE BOARD OF FINAL. UM, BUT AN APPEAL CAN BE FILED BY ANY PERSON, OFFICIAL OR GOVERNMENT AGENCY, UM, IN THE COURT OF RECORD, WHICH IS TYPICALLY THE DISTRICT COURT HAS APPEALS A LITTLE BIT AFTER, HAS HAPPENED IN TIME. YES. YEP. I REMEMBER. IT'S NOT VERY COMMON, BUT IT CAN HAPPEN. AND, UH, WE'LL GO THROUGH A LITTLE BIT ABOUT WHAT THAT MEANS. SO WHERE DOES ALL OF THIS COME FROM? COMES FROM TEXAS LOCAL GOVERNMENT CODE SECTIONS TWO 11.008 THROUGH TWO 11 POINT 11. UH, SO WE'LL KIND OF GO THROUGH A FEW OF THESE HERE. SO ARTICLE TWO 11.008, UH, ACTUALLY IS THE CITY'S AUTHORITY TO CREATE A BOARD OF ADJUSTMENT. IT SETS THE MINIMUM TERMS AND, UH, FOR MEMBERSHIP, UM, AS WELL AS REQUIREMENTS. SO THE REQUIREMENT UNDER STATE LAW IS THAT THERE HAS TO BE FIVE MEMBERS, TWO YEARS OF TERMS, YOUR CORE MISS 75% OF MEMBERS. SO IT'S DIFFERENT THAN WHAT YOU WOULD TYPICALLY THINK OF. CORE IS 50% PLUS ONE UNDER LOCAL GOVERNMENT CODE. IT HAS TO BE 75%. SO FOUR FOUR OF THE FIVE HAVE TO BE IN ATTENDANCE. UH, ARTICLE, UH, TWO 11 DASH 0 0 9 SETS THE MINIMUM POWER TO THE BOARD. UM, OUR CITY ORDINANCE DOES SET SOME ADDITIONAL POWERS, UM, BUT UNDER THE MINIMUM, UH, POWERS OF THE BOARD UNDER LOCAL GOVERNMENT CODE IS THAT YOU ARE TO HERE DECIDE APPEALS THAT ALLEGE AN ERROR IN AN ORDER REQUIREMENT DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL AND ENFORCEMENT OF ZONING ORDINANCE. SO, MINIMUM, UM, IS APPEALS. BASICALLY, UH, STAFF'S INTERPRETATION OF THE ORDINANCE. UM, TWO 11 DASH 10, UH, SETS THE NOTICE OF A, UH, OF APPEAL REQUIREMENTS. AND THAT IS BASICALLY THAT A APPLICANT, IF THEY ARE APPEALING A DETERMINATION, UH, FROM STAFF THAT STAYS ALL PROCEEDINGS, UH, THE APPEAL MUST BE HEARD AND DECIDED BY THE BOARD IN A REASONABLE TIME. UH, WHICH AS WHAT HAS BEEN SAID IS TYPICALLY THAT MEANS YOUR NEXT MEETING, UH, AS LONG AS YOU NEED ANY, THEY THEN NEED REQUIREMENTS. UM, YOU ALSO HAVE THE POWER TO GRANT VARIANCES AND SPECIAL EXCEPTIONS. STATE LAW THOUGH, DOES PROHIBIT THE GRANTING OF A USE VARIANCE. SO USE VARIANCE WOULD BE BASICALLY CIRCUMVENTING THE ZONING ORDINANCE. SO YOU ALL, SO WE GET IT ALL THE TIME OF, I WANNA PUT A GAS STATION HERE AND IT'S FOR RESIDENTIAL. CAN I JUST GET A VARIANCE FOR THAT? UNDER TEXAS STATE LAW, YOU CANNOT DO THESE VARIANCES. SOME STATES AROUND THE COUNTRY DO ALLOW FOR TEXAS IS NOT ONE OF THEM. UM, AND THEN, UH, ARTICLE, UH, 2 11 10 ALSO, UH, OUTLINES THE REQUIREMENTS TO GRANT VARIANCE, WHICH WILL GET FOR SURE. SO WE'VE TALKED ABOUT THE STATE CODE NOW, WHAT ABOUT OUR OWN INDIVIDUAL CODE OF REPORT, CHAPTER TWO OR FOUR, DIVISION 10, IF YOU WANT, READ THAT ONE NIGHT WHEN YOU'RE HAVING TROUBLE FALLING ASLEEP. UM, ACTUALLY ESTABLISHES THE BOARD OF ADJUSTMENT FOR THE CITY. UH, TALKS ABOUT THE COMPOSITION, THE TERMS AND THE RULES OF PROCEDURE FOR THE BOARD. UM, WE HAVE FIVE MEMBERS AS, UH, REQUIRED BY STATE, UH, LAW. THE BOARD CAN ALSO NAME ONE ALT, ONE ALTERNATE, UM, AND THEN THE BOARD [00:05:02] ELECTS, UH, THEIR CHAIR AND VICE CHAIR. SO NO REALLY SURPRISE ON THAT. UH, THE POWERS OF THE BOARD OF ADJUST IT. UH, AGAIN, UH, WE, YOU ALL CAN HEAR APPEALS TO THE U-U-M-B-C. YOU, UH, WILL INTERPRET THE PROVISIONS OF THE ZONING ORDINANCE. IF THERE'S A QUESTION OF STAFF'S INTERPRETATION, WE'LL HAVE THE POWER TO GRANT VARIANCES. WE HAVE THE POWER TO GRANT SPECIAL EXCEPTIONS. SO LET'S FIRST TALK ABOUT APPEAL OF ADMINISTRATIVE DECISION. SO YOU ALL HAVE HEARD THIS, UH, THE MOST RECENT ONE WOULD PROBABLY HAVE BEEN THE TRUCK, UH, PARKING QUESTION. UM, THAT'S, UH, WAS OUT THERE ALONG, UH, GRAND PARKWAY. UM, SO APPEALS, UH, SO THAT IS WHERE THERE'S AN, THERE'S ALLEGED THAT THERE'S AN ERROR IN ANY ORDER REQUIREMENTS DECISION OR IN DETERMINATION THAT IS MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF THE UOEC. THAT TYPICALLY HAPPENS IN PERMIT DENIAL SYSTEM. SOMEONE APPLIES TO DO SOMETHING. WE SAY, YOU KNOW WHAT? THE ODC DOESN'T ALLOW FOR IT. WE HAVE TO DENY YOUR PERMIT. ONE OF THE OPTIONS THEY HAVE IS TO APPEAL THAT DETERMINATION TO THIS COURT. AND SO, UM, THAT IS GONNA ALL TYPICALLY SEE THAT APPEALS COULD BE SITE SPECIFIC OR THEY COULD APPLY TO A ZONING DISTRICT OR CITYWIDE. IT REALLY JUST DEPENDS ON THE SCOPE OF THE APPEAL. GOING BACK TO WHAT, UM, THE MOST RECENT EXAMPLE THAT YOU ALL HAD WAS THE TRUCK PARKING. UM, THAT WAS REALLY A CITYWIDE APPEAL. THEY WERE, UH, WHAT, WHAT, HOW STAFF WE DENIED IT WAS THAT OUR ORDINANCE DOES NOT HAVE ANYTHING IN THERE FOR TRUCK DEPARTMENT. SO, 'CAUSE THERE'S NOTHING IN OUR ORDINANCE THAT ALLOWS FOR THAT USE, IT JUST IS NOT ALLOWED. SO WHAT THEY HAD WENT FORWARD TO WITH THEIR APPEAL WAS SAYING THAT, NO, WE DISAGREE WITH THAT. UM, IF YOU ALL WOULD'VE FOUND FOR THAT APPEAL, IT WOULD'VE CHANGED EVERYTHING CITYWIDE. AND SO AGAIN, IT CAN BE SITE SPECIFIC, IT CAN BE JUST FOR THE ZONING DISTRICT OR IT CAN BE CITYWIDE. SO, UM, OUR, UH, STAFF REPORTS WOULD TYPICALLY SPEAK ABOUT WHAT THE EFFECT WOULD BE IF, IF THE APPEAL WAS GRANTED. SO WHO CAN FILE AN APPEAL? UM, SO A LOT OF PEOPLE CAN FILE APPEALS. THE APPLICANTS, THE OBVIOUSLY CAN FILE AN APPEAL. ANY PERSON WHO'S DIRECTLY AGG AGREED BY THE DECISION CAN FILE AN APPEAL. SO TYPICALLY IT MIGHT BE A NEIGHBOR OR SOMEBODY LIKE THAT. THE CITY, THE CITY CAN ACTUALLY FILE AN APPEAL, UM, FROM ITS OWN. SO IF, LET'S SAY WE HAVE, WE WERE DOING, UH, WE DETERMINED SOMETHING, YOU COULD HAVE FIRE DEPARTMENT, YOU COULD HAVE A MAYOR, YOU COULD HAVE COUNCIL MEMBER, YOU COULD HAVE REALLY ANYBODY THAT'S ASSOCIATED WITH THE CITY CAN FILE AN APPEAL. NOT VERY COMMON OR IN THAT WOULD HAPPEN, BUT THERE THAT IS ALLOWED UNDER STATE LAW. AND THEN JUST MOST RECENTLY IN 2019, UM, ANYBODY WHO'S AGREED BY THE DECISION AND WHO'S AN OWNER WITHIN 200 FEET OF THE SUBJECT PROPERTY CAN ALSO FILE A DEAL. SO THAT MAY HAPPEN IF, LET'S SAY WE ISSUE A BUILDING PERMIT, THEY, A NEIGHBOR DISAGREES WITH US FILING THAT PERMIT THAT OR APPROVING THAT PERMIT, THAT COULD COME BEFORE YOU ALSO. SO NOW WE'LL TALK A LITTLE BIT ABOUT SPECIAL EXCEPTIONS. Y'ALL SAW THIS AS, UH, EVENING. UM, SO THE UODC DEFINES A SPECIAL EXCEPTION AS A DEVIATION FROM OTHERWISE APPLICABLE OPERATIONAL PERFORMANCE STANDARDS AND COMPATIBILITY STANDARDS. SO BASICALLY THE BUFFERS, UH, LANDSCAPING, THOSE TYPE OF THINGS, THAT'S GONNA BE YOUR OPERATIONAL PERFORMANCE COMPATIBILITY STANDARDS. UH, THE FINDINGS THAT YOU HAVE TO, THAT, UH, THAT WE'LL LOOK AT IS, IS DEVELOPMENT PROPOSES A COMPATIBLE TO SURROUNDING LAND USES? IS IT IN KEEPING WITH PUBLIC INTEREST AND IS CONSISTENT THE PURPOSES OF THE DEAL SEEN? THE FOUR FINDINGS THAT HAVE TO BE FOUND ARE ENSURING THE SAME LEVEL, UH, THE SAME GENERAL LEVEL OF LAND USE COMPATIBILITY. IT CANNOT BE MATERIALLY OR ADVERSELY AFFECT THE ADJACENT LAND USES AND THE PHYSICAL CHARACTER OF THE USES IN THE IMMEDIATE VICINITY. THE SPECIAL EXCEPTION CANNOT ADVERSELY AFFECT PROPERTY VALUES IN ANY MATERIAL WAY. AND SPECIAL EXCEPTION HAS TO BE GENERALLY CONSISTENT WITH PURPOSES AND INTENT OF . SO WHO DETERMINES WHETHER IT'S A VARIANCE OR SPECIAL EXCEPTION? SO VARIANCES ARE GOING TO BE, TYPICALLY WHAT YOU WOULD SEE WOULD BE DIMENSIONAL STANDARDS, HEIGHTS, SETBACKS, UH, THINGS LIKE THAT. UM, SPECIAL EXCEPTIONS ARE, UH, GOING TO BE WHAT ARE OUTLINED IN OUR PERFORMANCE STANDARDS AND OUR COMPATIBILITY STANDARDS MIGHT WORK. SO LIGHTS, SOUND, NOISE, UM, SMELLS, DUST, UH, AND THEN AGAIN, OUR, OUR COMPATIBILITY STANDARD. SO OUR, UM, BUFFERS OUR, THOSE TYPE OF THINGS. SO THAT IS A SPECIAL EXCEPTION. ANYTHING ELSE IS, WOULD'VE BEEN FOLLOWED MORE. [00:10:02] YEAH, I THINK THAT I NEVER WAS REALLY CLEAR WHEN WE USED THE FOUR CRITERIA VERSUS THE 10. YEP. YEAH, FOUR. SPECIAL EXCEPTION. SPECIAL EXCEPTION. AND, AND YOU WOULD SEE THAT IN ANY STAFF REPORT AND STAFF WOULD WALK THROUGH THAT. BUT YEAH, SO WITH A SPECIAL EXCEPTION, IT'S JUST THE FOUR. WE'LL GET INTO VARIANCES HERE SHORTLY. SEE RIGHT NOW WITH THE 10. SO THE VAST MAJORITY OF THE REMAINDER OF THIS TRAINING IS GONNA TALK ABOUT VARIANCES BECAUSE THAT IS WHERE THERE'S 10 FINDINGS. IT'S VERY EASY TO GET TRIPPED UP ON. THERE'S A LOT OF LEGAL, UH, PRECEDENTS THAT WE'LL TALK ABOUT AS WELL, UM, OF THAT. SO FIRST WE'LL KIND OF TALK A LITTLE BIT ABOUT BASICS. SO, VARIANCES ARE A TOOL THAT ARE USED TO AVOID AN UNFAIR OR UNJUST APPLICATION OF THE ULDC IN A UNIQUE SITUATION. THE SITUATION MUST BE UNIQUE TO THE PROPERTY, OFTENTIMES DO TOPOGRAPHY ACCESS AND EXISTING USES OR BUILDINGS. I LIKE TO CALL THE CASTLE SWAMP, UH, UH, TESTS. AND THAT ACTUALLY CAME FROM ONE OF MY PLANNING PROFESSORS WAY BACK IN THE DAY. BUT BASICALLY IT WOULD BE THAT, LET'S SAY THERE'S A SITUATION OF DUE TO A SWAMP ON THE PROPERTY WHERE SOMEBODY WANTS TO BUILD SOMETHING, OUR SETBACKS WOULD SAY, IN ORDER FOR YOU TO BUILD THIS, YOU'RE ACTUALLY GONNA HAVE TO PUT THIS BUILDING IN THE SWAMP. THAT IS A UNIQUE CIRCUMSTANCE TO OFFENSIVE TOPOGRAPHY ACCESS, THINGS LIKE THAT. SO THAT IS WHAT WE'RE LOOKING AT HERE. SOMETHING THAT, WHERE THERE'S SOMETHING UNIQUE TO THIS PROPERTY IN AND OF ITSELF, OF WHERE YOU REALLY CAN'T DO ANYTHING WITH IT, YOU'RE GONNA DEPRIVE, UM, THAT PERSON OF, OF FAIR USE OF THEIR PROPERTY. SO THAT'S KIND OF THE CASTLE IN THE SWAMP. VARIANCES ARE NOT MEANT TO CIRCUMVENT AN ORDINANCE THE BOARD MAY DISAGREE WITH. SO JUST BECAUSE THERE MAY BE SOMETHING IN THE, THE ORDINANCE THAT, UM, THE BOARD, UH, MAY DISAGREE WITH A VARIANCE IS NOT THE PROPER DIRECTION, THE PROPER TOOL TO CORRECT THAT, IT WOULD BE STATING TO THE DIRECTOR OR TO MYSELF OR THE STAFF, YOU KNOW WHAT, THIS IS SOMETHING THAT DOESN'T REALLY MAKE SENSE. STAFF, MAYBE WE SHOULD, YOU ALL SHOULD LOOK AT THAT. SO A VARIANCE IS NOT THE PROPER WAY TO CORRECT THAT. A VARIANCE IS ALSO NOT AUTHORIZED MERELY FOR THE CONVENIENCE OR THE FINANCIAL BENEFIT OF THE APPLICANT. WE TALK A LOT ABOUT VARIANCE AS A CONVENIENCE. WELL, I WOULD JUST LIKE TO BUILD MY BUILDING CALL. WHAT'S ACTUALLY UNIQUE ABOUT IT? WELL, I'VE GOT AN RV AND A BOAT AND THINGS LIKE THAT. AGAIN, NOTHING THAT'S REALLY THAT UNIQUE THAT IS JUST FOR THE CONVENIENCE OF THE APPLICANT. SO VARIANCES DO NOT SET PRECEDENT. THAT'S ALWAYS TALKED ABOUT AND ACTUALLY DEBATED A LOT. WELL, IF WE GRANT THIS VARIANCE, WE'RE GONNA HAVE TO GRANT IT FOR SOMEBODY ELSE. REMEMBER, VARIANCES DON'T ACTUALLY SET THE PRECEDENCE, BUT YOUR FINDINGS CAN. SO YOU NEED TO BE VERY CAREFUL WITH THE FINDINGS THAT YOU'RE BEING VERY SPECIFIC ABOUT WHAT IS UNIQUE ON THAT PROPERTY OR IN THAT SITUATION, CRAFT THEM TO, TO BROADLY THAT CAN SET PRECEDENT AND USE THAT IN THE FUTURE SAYING, WELL, YOU GRANTED THIS VARIANCE BECAUSE OF REASONS. SO, SO WE WANT TO MAKE SURE, AND WE TYPICALLY WILL CRAFT OUR FINDINGS VERY, UM, TO MAKE SURE THAT IT'S ONLY TALKING ABOUT SITUATION, THE PROPERTY, THE APPLICANT. UM, SO THE REQUIRED FINDINGS CAN BE FOUND IN SECTION 1 29 B OF THE, UH, UOCI WON'T GO THROUGH THEM ALL BECAUSE THERE'S ONE OF THEM, BUT WE WILL TALK A LITTLE BIT ABOUT A FEW OF THEM. SO THE FIRST ONE IS UNIQUE CONDITIONS. SO ONE OF THE FINDINGS STATES THAT A SPECIAL CIRCUMSTANCES EXIST THAT ARE PECULIAR TO THE LAND OR THE STRUCTURE THAT ARE NOT APPLICABLE TO OTHER LAND OR STRUCTURES IN THE SAME DISTRICT AND ARE NOT MERELY FINANCIAL. SO ONE OF THE THINGS THAT OFTEN WERE TRIP, UH, BOARDS UP IS BROAD BRUSH FINDINGS. WELL, YOU KNOW WHAT? THE PROPERTY WAS ORIGINALLY IN THE COUNTY OR THE PROPERTY'S A CORNER LOT. THAT IN AND OF ITSELF IS NOT REALLY UNIQUE ABOUT THE PROPERTY BECAUSE WE HAVE TONS OF PROPERTY. THE CITY THAT ARE ON A CORNER, WE HAVE A LOT OF PROPERTY IN THE CITY THAT WAS ORIGINALLY IN THE COUNTY, REALLY NOT ADDRESSING THE UNIQUENESS OF THE PROPERTY. SO WHAT IS ACTUALLY UNIQUE THAT, ABOUT THE PROPERTY THAT CAN JUSTIFY THE BEARINGS. SO WE WOULD BE LOOKING AT THINGS LIKE TOPOGRAPHY, THE LOCATION OF MANMADE OR NATURAL BARRIERS, THE SIZE OR SHAPE OF THE PROPERTY. SO OFTENTIMES WE WILL HEAR FROM FOLKS, WELL, I HAVE A CORNER LOT, I HAVE TWO FRONT SETBACKS. I I UNDERSTAND THAT CONCERN, BUT SO DOES EVERYBODY ELSE WHO HAS A CORNER LOT IN THE CITY. SO THAT IN OF ITSELF IS NOT, THAT IS NOT A UNIQUE, UM, A UNIQUE CHARACTERISTIC OF THE PROPERTY. SO GETTING SOME LEGAL STUFF HERE. SO, BOARD OF ADJUSTMENT OF THE CITY OF PINEY POINT VILLAGE VERSUS SOLAR. SOLAR WAS, UH, [00:15:01] THE PROPERTY OWNER. THEY WANTED TO INSTALL A SWIMMING POOL IN THE SIDE YARD VIOLATING THE CITY'S SIDE SET BACK. THE APPLICANT ARGUED THAT IT WAS NOT FEASIBLE TO INSTALL THE POOL IN THE BACKYARD, WHICH IS WHERE IT WOULD'VE HAD TO GO BECAUSE OF THE SLEEP, SLEEP SLIP OF THE YARD. THE APPLICANT PRESENTED EVIDENCE FROM HIS POOL CONTRACTOR THAT IT WOULD COST THREE TO FOUR TIMES MORE TO BUILD THE POOL IN THE BACKYARD IF IT COULD EVEN BE BUILT DUE TO SLIP. THERE WAS NOBODY AT THE BOARD, UH, MEETING WHO DISPUTED THESE STATEMENTS. THE BOARD THOUGH, REQ DENIED THE REQUEST STATING THAT THE HARDSHIP WAS UNNECESSARY BECAUSE IT WAS MERELY FINANCIAL. SO THE APPLICANT ARGUED BOTH THAT IT WAS INFEASIBLE TO INSTALL THE POOL 'CAUSE OF THE STEEP SLOPE OF THE YARD. THEY ALSO BROUGHT IN SOME FINANCIAL THINGS. OFTENTIMES ONE OF THE KNEE JERK REACTIONS OF BOARD SAY, OH, IT'S FINANCIAL. WE'RE TALKING ABOUT FINANCIAL THINGS. WE CAN'T GRANT A VARIANCE JUST BECAUSE OF FINANCIAL REASONS WE'RE TO DENY IT. THE COURT DISAGREED REASONING THAT THE UNDISPUTED EVIDENCE, SO REMEMBER AGAIN, NOBODY DISPUTED THESE STATEMENTS, BUT THE UNDISPUTED EVIDENCE WAS CREATED BY UNIQUE CIRCUMSTANCE OR UNUSUAL CIRCUMSTANCE OF THE PROPERTY. SO THERE'S TOPOGRAPHY. SO AGAIN, EVEN THOUGH THEY BROUGHT UP FINANCIAL, THE REAL HARDSHIP OF THE PROPERTY WAS DUE TO THE DEEP SLIP HONOR THE COURT, UM, THE RULE THAT THE BOARD WAS INCORRECT IN THEIR, UH, FINDING AND, UH, ORDER THAT THE CITY, UM, ACTUALLY APPROVED THE REQUEST. SO, SO JUST BECAUSE SOMEBODY SAYS SOMETHING FINANCIAL THAT IS NOT, YOU CAN REMOVE THAT FROM CONTENTION, BUT IN THIS CASE, THE, THE REASON WHY IT WOULD COST MORE WAS BECAUSE OF THE SLIP. SO WE SOMETIMES HAVE TO GO BACK TO WHAT IS THE ACTUAL ORIGINAL REASONING. AGAIN, STAFF WILL KIND OF HELP YOU DIRECT WE'LL, WE'LL, WE'LL CRAFT OUR, OUR DISCUSSION, MAKING SURE OF THAT. BUT JUST BECAUSE YOU HEAR SOMETHING FINANCIAL THAT'S NOT JUST INSTANTLY, OH, LET'S JUST DENY THE VARIANCE BECAUSE IT'S A FINANCIAL. SO YOU OFTEN AT TIMES HAVE TO LOOK AT WHAT IS ACTUALLY HAPPEN. SO ONE OF THE OTHER THINGS WE TALKED ABOUT WITH UNIQUE CONDITION IS IT CAN'T BE A HARDSHIP OF THE APPLICANT'S OWN MAKING. YOU CAN'T BASICALLY MESS UP AND THEN ASK FOR, UM, FOR THAT. SO THE CITY OF DALLAS VCO, SO THEY BUILT A HOME, THEY GOT A PERMIT FROM THE CITY, THEY EXCEEDED THE PAY REQUIREMENTS OF THE ORDINANCE. THE CITY ATTORNEY DURING THE MEETING STAGED THE BOARD THAT JUST BECAUSE THE PERMIT WAS ISSUED, JUST BECAUSE IT WAS UNDER CONSTRUCTION, UM, YOU CANNOT CONSIDER THAT DURING THE DELIBERATIONS. THE TEXAS SUPREME COURT AGREED WITH, UM, THE CITY AND STATED THAT THE HARDSHIP WAS PERSONAL IN NATURE JUST BECAUSE SOMEBODY, JUST BECAUSE THE CITY ISSUED A PERMIT, THAT THAT WAS IRRELEVANT TO IT. UM, SO IN A CASE OF WHERE YOU GET SOMEBODY WHO IS COMING FORWARD, YOU NEED TO REVIEW THE VARIANCE AS IF THE BUILDING OR THE IMPROVEMENT DID NOT EXIST. SO JUST, JUST BECAUSE IT'S UNDER CONSTRUCTION, JUST BECAUSE THE CITY MAY HAVE AIRED AND AND ISSUED A PERMIT, THAT IN AND OF ITSELF IS NOT ENOUGH OF A HARDSHIP. UM, THE TROUBLE OF IN HAVING TO DEMOLISH OR RELOCATE A VIOLATING IMPROVEMENT IS A CLASSIC SELF-CREATED HARDSHIP. WE UNDERSTAND AND IT'S GONNA BE EXPENSIVE. WE UNDERSTAND THAT IT'S GOING TO BE A PAIN, BUT IT, AT THE END OF THE DAY, IT'S A SELF-CREATED HARDSHIP. YOU CAN'T GET A VARIANCE FOR A SELF-CREATED HARDSHIP. IT DOESN'T MEAN THAT THERE MAY NOT BE JUSTIFICATION FOR THE VARIANCE. YOU JUST CAN'T USE THE SELF-CREATED HARDSHIP AS A JUSTIFICATION, A PERMIT ISSUED WITH THE HEIGHT EXCEEDING MM-HMM . WAS ALLOWED. SO THERE'S NO LIABILITY, NO PERMIT ISSUER. NOW, I MEAN, AT, AT THE END OF THE DAY, WE OBVIOUSLY TRY TO DO OUR BEST, BUT MISTAKES CAN HAPPEN. AND JUST BECAUSE THERE IS A, THAT IN OF ITSELF IS NOT ENOUGH OF A REASON TO GRANT A VARIANCE. IS, IS IS WHAT WE LEARNED FROM THIS. AND I'D HAVE MISSED ON THAT ABOUT THAT. I'M NOT PREPARED TO SPEAK ON THAT OKAY. AT THIS TIME. THAT'S FINE. YES. I DON'T WANNA, I DON'T WANNA GET MISINFORMATION. YEAH, I WOULD'VE MISSED ON THAT ONE. I I WOULD'VE THOUGHT THAT THERE WAS SOME LIABILITY. YEAH, I, I WAS SURPRISED TOO AND ACTUALLY DOING RESEARCH ON THAT. BUT THE, THE STATE SUPREME COURT WAS VERY CLEAR THAT JUST BECAUSE A PERMANENT IS ISSUED, THAT THAT'S IRRELEVANT. UM, IT'S LIKE THIS, THE CITY GETS A PASS SCREW AN ERROR. YEAH. AND THAT'S, AND THAT'S NOT TO SAY THERE MAY NOT BE OTHER LEGAL ROUTES, BUT JUST WHAT WE'RE TRYING TO, WHAT YOU HAVE TO REMEMBER HERE IS WE'RE LOOKING AT JUST A VARIANCE. SO SOMEONE COMES TO, TO YOU ALL, LET'S HOPE WE DON'T ISSUE A PERMIT ERRONEOUSLY, BUT IT HAS HAPPENED BEFORE. BUT IF THEIR ARGUMENT IS, WELL, THE CITY [00:20:01] ISSUED ME A PERMIT, WHAT YOU ALL NEED TO REMEMBER IS YOU HAVE TO LOOK AT THE VARIANCE AS IF SOMEBODY WAS COMING IN COMPLETELY CLEAR AND JUST SAYING, HEY, I KNOW THAT THE HEIGHT OF THE, YOU KNOW, THE MAXIMUM HEIGHT IS 35 FEET. I WANNA BUILD MY HOUSE TO 40 FEET. EVEN THOUGH THEY MAY HAVE A PERMIT, EVEN THOUGH IT MAY BE UNDER CONSTRUCTION, YOUR JOB IS, YOU HAVE TO REVIEW IT AS IN, IF THEY CAME IN WITH NOTHING ON THE PROPERTY, JUST SAYING, I WANT A VARIANCE FOR FOUR, WHICH BE GRANTED, UH, TO U-HAUL. YES. RIGHT? MM-HMM. BUT GILBERT'S QUESTION, IF, UM, WE CAN'T GRANT THE VARIANCE JUST BECAUSE OF THAT, THAT DOESN'T PRECLUDE THE INJURED PARTY FROM SUING YOU. LIKE I SAID, THERE'S OTHER, THERE'S OTHER LEGAL AVENUES THEY COULD EXPLORE. YEAH. BUT, BUT IT HAS NOTHING TO DO WITH US. HAS NOTHING TO DO WITH THE VARIANCE. YEAH, YEAH, YEAH. THE VARIANCE IS NOT THERE. IT'S NOT THEIR, PROBABLY THEIR, THEIR APPROPRIATE VENUE FOR RIVER. YEAH. IT'S, THERE'S ANOTHER ROUTE GRANT, A HEIGHT VARIANCE. WE GRANTED A SETBACK. VARIANCE HEIGHTS. WE DO HEIGHT. THE HEIGHT WOULD'VE BEEN OKAY IF IT HAD ENOUGH SETBACK. THAT'S CORRECT. RIGHT. SETBACK. YOU'RE RIGHT, YOU'RE RIGHT. IN CASE Y'ALL HAVEN'T DRIVEN BY NO, IT'S, IT'S GETTING ALMOST COMPLETED KNOW. YEAH, IT'S TAKEN FOREVER. BUT THAT LOOKS GOOD. LOOKS BETTER THAN WHAT WAS THERE. MY, MY GOOD FRIEND LIVED ON THE CORNER RIGHT BEHIND MM-HMM . MOVED. SO HE DOESN'T B***H AT ME ANYMORE. NO GOES UNPUNISHED STORY. TRUE STORY . SO YEAH, EXACTLY RIGHT HERE. UH, IT DOESN'T MEAN THAT THERE CAN'T BE JUSTIFICATION OF VARIANCE, BUT YOU CAN'T USE THE SELF-CREATED HARDSHIP JUSTIFICATION. WELL, THAT LAST ONE, IF SOMEONE HAS ALREADY VIOLATED, WE GET, WE GET A LOT OF THOSE. YES. DON'T I RECALL A SOMETHING IN, THEY PULLED THE OLD BAY TOWN. WELL, IT WAS A SWIMMING POOL IN A BACKYARD THAT WASN'T BIG ENOUGH FOR A POOL, AND THEY BOUGHT THE HOUSE KNOWING IT WASN'T BIG ENOUGH. WEREN'T SO DENIED THAT AGAIN, IT'S A CLASSIC SELF-CREATED HARDSHIP. YEAH, EXACTLY. SO YOU GOTTA PUT A POOL IN BY A HOUSE WITH A BIGGER YARD. THAT'S THE WAY WE GO. THAT, THAT YOU'RE EXACTLY RIGHT. YOU DO NOT HAVE A RIGHT TO APPROVE . SO, UH, LOOKING AT THE RIGHTS OF ADJACENT PROPERTY OWNERS AND RESIDENTS. SO ONE OF THE FINDINGS IS IT DOES NOT ADVERSELY AFFECT THE ADJACENT LAND USES OF THE CHARACTER OF THE USES IN THE NEIGHBORHOOD, AND WHICH THE EXCEPTION OR THE VARIANCES IS SOUGHT BECAUSE OF INADEQUATE BUFFERING, SCREENING, SETBACKS AND OTHER LAND USE, UH, CONSIDERATIONS. MAKE SURE THAT YOU CONSIDER MORE THAN JUST THE APPARENT IMPACTS OF THE VARIANCE. SO, SCREENING FENCES, FOR EXAMPLE, MAYBE SOMEONE WHO'S REQUESTING SPECIAL EXCEPTION OR VARIANCE FOR A SCREENING EXCEPT, UH, SCREENING FENCE. JUST REMEMBER AS WE TALKED ABOUT AGAIN TODAY, UH, SCREENING AND BUFFERS DO MORE THAN JUST, UH, THEY'RE MORE THAN JUST VISUAL EFFECTS. THEY ALSO SCREEN FOR LIGHTS, SOUND, DUST, TRAFFIC, ET CETERA. SO VARIANCE SHOULD NOT BE GRANTED JUST BECAUSE NO ONE OBJECTS. SO THAT SHOULD, WE OFTEN WILL HEAR THAT NOT NECESSARILY FROM THIS BOARD, IF I'VE HEARD IT BEFORE, OH, WELL THERE'S NOBODY HERE TO OPPOSE THIS VARIANCE. LET'S JUST GRANT IT JUST BECAUSE NO ONE OBJECTS, THAT'S NOT REASON ENOUGH TO GRANT A VARIANCE. ON THE FLIP SIDE, EVEN IF YOU HAVE A LOT OF PEOPLE WHO ARE UPSET, THAT'S NOT A REASON. JUST DENY A VARIANCE. SO AGAIN, NEED TO GO THROUGH THOSE FINDINGS AND, AND, AND LISTEN TO WHAT FOLKS SAY. OFTENTIMES PEOPLE WILL SAY, WELL, THIS IS GOING TO REDUCE MY PROPERTY VALUE. AGAIN, YOU ALL ARE ACTING IN QUASI-JUDICIAL, YOU'RE FACT FINDER. SO JUST BECAUSE SOMEONE SAYS THAT THEY REALLY NEED TO HAVE SOMETHING TO KIND OF BACK THAT UP. WE HEAR THAT ALL THE TIME. WELL, I DON'T LIKE THAT BECAUSE IT'S GOING TO DETRACT FROM THE, THE NEIGHBORHOOD. WELL, UNLESS SOMEBODY HAS SOME ACTUAL REAL, YOU KNOW, THINGS, OR IF SOMEBODY CAN MAKE A DETERMINATION OF THAT, THAT IN AND OF ITSELF MAY NOT BE ENOUGH TO ACTUALLY DENY SOMEBODY A VARIANCE. WE, WE HAD ONE WHERE WE ALMOST NEEDED SECURITY. MM-HMM . I MEAN, THERE WAS A COUPLE DOZEN PEOPLE OPPOSING A VARIANCE, BUT WE APPROVED IT BECAUSE OF WHAT YOU JUST SAID. YEAH, EXACTLY. SO, YEAH, JUST KEEP THAT IN MIND. SO, YEAH, SO MAKE SURE YOU'RE KEEPING MORE THAN JUST THE, THE APPARENT IMPACTS OR VARIANCE IN MIND. SO SPIRIT INTENTS THE LDCS, THAT'S KIND OF A VERY OPEN ONE IS GENERALLY CONSISTENT WITH THE PURPOSES AN INTENTS OF UDC. SO TYPICALLY WHAT THAT MEANS IS YOU CAN'T GRANT A VARIANCE THAT WOULD AMOUNT TO A SUBSTANTIAL DEPARTURE FROM THE ESTABLISHED ZONING. SO WHAT THAT BASICALLY MEANS IS THAT IF WE HAVE A HEIGHT LIMITATION OF 35 FEET, SOMEBODY WANTS TO COME IN AND BUILD A HUNDRED FOOT STRUCTURE, THERE NEEDS TO BE A VERY, VERY GOOD REASON FOR THAT. 'CAUSE A LOT OF TIMES THE COURTS ARE GONNA LOOK AT THAT AND STATE THAT'S A PRETTY [00:25:01] SUBSTANTIAL DEPARTURE FROM YOUR ESTABLISHED ZONING. YOU'RE ACTUALLY INTRUDING ON THE LEGISLATIVE AUTHORITY OF THE CITY COUNCIL. YOU'RE ACTUALLY BY DEFACTO TRYING TO DO A REZONING THROUGH VARIANCE. SO YOU JUST NEED TO BE VERY CAREFUL ABOUT THAT. LOOK AT THINGS THAT ARE, ARE, AGAIN, A SUBSTANTIAL, UH, DEVIANCE FROM, FROM THE, UH, ORDINANCE. LOOK AT THAT WITH A SUSPICIOUS EYE. ASK THOSE QUESTIONS OF EITHER STAFF OR THE APPLICANT. OKAY, WHY DO YOU NEED THIS VARIANCE? IS THIS REALLY THE MINIMUM, UM, THAT YOU ALL REALLY NEED TO ACTUALLY GET, ACCOMPLISH WHATEVER NEEDS TO BE DONE? UM, SO AGAIN, KEEP THAT IN MIND. AND THAT GOES ON TO THE NEXT ONE. WELL, THIS IS ONE WHERE WE, WE SEEM TO HAVE A LITTLE MORE LATITUDE. MM-HMM . START WITH THE WORDS GENERALLY. YEP. INTENT. YES. SPIRIT. I MEAN, THAT'S A LOT OF SUBJECTIVE. IT IS. IT'S VERY OPEN. SO, AND SO I THINK WHAT YOU DESCRIBED AS, IT MAY BE FLEXIBLE, BUT THERE'S STILL PARAMETERS. EXACTLY. RIGHT? YEAH. SO AGAIN, LIKE I SAID, IT'S, IT'S, IT'S KIND OF THE, UM, EXPLICIT MATERIAL TEST OF, YOU KNOW, IT WHEN YOU SEE IT. YOU KNOW, SOMEBODY'S COMING IN AGAIN ASKING FOR DOUBLE HEIGHT, OR THEY'RE ASKING FOR, YOU KNOW, A SETBACK. LIKE LET'S SAY IT'S 50 FEET AND THEY WANT FIVE FEET. Y'ALL NEED TO DIG A LITTLE DEEP AND KIND OF ASK, OKAY, WHAT, WHAT ACTUALLY IS GOING ON HERE? AND THAT GOES ON TO THE NEXT ONE HERE, WHICH IS, IS THE MINIMUM ACTION, IS IT THE MINIMUM ACTION THAT WILL, UH, MAKE POSSIBLE USE OF THE LAND OR STRUCTURE WHICH IS NOT CONTRARY TO THE PUBLIC INTEREST, AND WOULD CARRY OUT THE SPIRIT OF THIS AND, UH, WOULD RESULT IN SUBSTANTIAL JUSTICE? AGAIN, THE VARIANCES ARE SUPPOSED TO BE, WHAT IS THE MINIMUM YOU ACTUALLY NEED? NOT JUST, IT'D BE NICE TO HAVE A BIG, LONG, HUGE SETBACK. WELL, DO YOU ACTUALLY NEED THAT OR CAN YOU, CAN WE GET AWAY WITH MAYBE A FIVE FOOT VARIANCE OR SOMETHING LIKE THAT? WE HAVE THAT CONVERSATION WITH THE APPLICANTS REALLY BEFORE THEY COME BEFORE YOU. BUT AGAIN, IF YOU'RE GETTING SOMETHING AND IT JUST DOESN'T REALLY PASSED THAT, UM, THAT THAT SMELL TEST, BY ALL MEANS, ARE THE FACT FINDERS. FEEL FREE TO DIG A LITTLE BIT. YOU, YOU HAVE THAT RIGHT TO DO THAT. I THINK THAT'S WHEN WE'VE LOOKED AT THE, THE BROADER AREA. MM-HMM . YOU KNOW, SOMEONE TRYING TO DO SOMETHING THAT'S UNIQUE OR IS IT PRETTY MUCH CONSISTENT? YEAH. THAT'S THE AREA. MM-HMM . WHICH IS NOT GONNA HURT THINGS. EXACTLY. WE, WE GET THAT A LOT WITH LIKE MANUFACTURED HOMES AND SETBACKS AND SOME OF OUR, AND SOME OF THE MORE BUILT OUT NEIGHBORHOODS. UM, YOU KNOW, A COMMON LENGTH IS 78 OR 70, 76 FEET OR SOMETHING LIKE THAT. AGAIN, IF THAT'S FAIRLY COMMON IN THE NEIGHBORHOOD, THEN MAYBE A VARIANCE IS JUSTIFIED OR MAYBE WE NEED TO GO BACK AND CHANGE OUR ORDINANCE. SO AGAIN, THAT KIND OF BECOMES THAT QUICK QUESTION. I'VE GOT A BACKEND LONGER. YOU NEED, UH, PROBABLY I WOULD SAY MAYBE 10, 15 MORE MINUTES. YEAH. SO, UH, SO WE TALKED ABOUT THAT. SO NOW WHAT HAPPENS WHEN THINGS GET WRONG? UH, AND SOMEONE WANTS TO APPEAL YOUR DECISION. SO WHO CAN ACTUALLY APPEAL THE DECISION? THE CITY CAN APPEAL THE DECISION. THERE HAS BEEN SOME, SOME CASES WITHIN TEXAS OF WHERE THE CITY ACTUALLY SUES ITS OWN BOARD OF ZONING APPEALS. UM, IT DOESN'T HAPPEN VERY OFTEN, BUT IT, IT, IT CAN HAPPEN. UM, ANY PERSON WHO'S AGREED BY THIS DECISION, UH, THE APPLICANT OR ANY TAXPAYER CAN APPEAL. SO, UM, IF THEY WANT TO APPEAL, THEY HAVE TO DO IT WITHIN 10 DAYS OF FILING OF THE BOARD'S DECISION, WHICH WOULD BE THE FINALIZATION OF YOUR MINUTES. SO TYPICALLY IT'S 30 DAYS PLUS 10 DAYS. THE APPEALS HEARD BY THE DISTRICT COURT. THE STANDARD REVIEW IS THE ABUSE OF DISCRETION. SO YOU ALL HAVE DISCRETION AS THE BOARD. UH, THE BOARD'S DECISION CARRIES THE PRESUMPTION OF VALIDITY. THE APPLICANT BEAR, OR THE APPELLANT, EXCUSE ME, BEARS THE BURDEN OF THE ESTABLISHING THE DECISIONS. THE ILLEGALITY, THE APPLICANT MUST PRESENT VERY CLEAR EVIDENCE SHOWING THE ABUSIVE DISCRETION. THE CONTESTING PARTY MUST DEMONSTRATE THAT THE BOARD ACTED AR ARBITRARILY AND UNREASONABLY. THE APPLICANT MUST ESTABLISH THAT THE BOARD COULD HAVE REASONABLY ONLY REACHED ONE DECISION AND NOT THE DECISION IT MADE. SO AS YOU SEE HERE, IT'S A PRETTY HIGH BAR THAT SOMEONE HAS TO ACTUALLY REACH. THEY'RE NOT, THE COURTS TYPICALLY AREN'T GOING TO GET INVOLVED IN DID YOU OR DID NOT MAKE THE RIGHT DECISION. THEY'RE GONNA LOOK AT, OKAY, WAS THERE SOMETHING MAJOR YOU ALL MISSED IN THE FINDINGS? OR THINGS LIKE THAT. SO IT'S NOT SUPER COMMON THAT A BOARD'S DECISION IS GOING TO GIVE A RETURN. UM, IT CAN HAPPEN. UM, AND WE WOULD, WE WALK YOU ALL THROUGH THAT. BUT TYPICALLY IF SOMEONE'S MAKING MAKING THAT APPEAL, IT'S GONNA RELEASE CITY ATTORNEY'S, OFFICE CITY ATTORNEY'S TALKING TO THEM ABOUT, OKAY, HERE'S WHAT THE TEST IS ACTUALLY GONNA BE. WE GET, WE GET THREATENED ALL THE TIME. I DON'T LIKE THIS, I'M GONNA APPEAL IT. BUT AS YOU'VE MENTIONED, THERE'S ONLY BEEN ONE, I BELIEVE AND PROBABLY THE CITY'S HISTORY OF WHERE IT'S ACTUALLY GOTTA APPEAL ALL WAY TO THE COURT. AND PERFECT SEGUE INTO, [00:30:01] I REALLY APPRECIATE, ALTHOUGH WE KID ABOUT IT EVERY ONCE IN A WHILE, LEGAL YES. BEING INVOLVED IN EVERY MEETING, YES. TO BE SURE MM-HMM . WE DON'T STEP OUT OF BOUNDS. YEP. AND LEGAL WILL STEP RIGHT UP, OR EITHER STAFF OR LEGAL WILL OFTEN INTERJECT OF LIKE, YOU'RE GOING DOWN A PATH, MAYBE WE NEED TO GET BACK OVER HERE AND MAKE SURE WE'RE DOING IT. SO THAT'S WHAT LEGAL'S HERE IS TO KEEP US HOPEFULLY OUT OF AN APPEAL PROCESS. . UH, SO FINAL COUPLE OF THINGS HERE. SO AGAIN, UM, YOU ALL ARE SUBJECT TO THE TEXAS OPEN MEETINGS ACT. SO IF YOU ALL HAVE NOT DONE YOUR TRAINING, YOU ALL SHOULD MAKE SURE YOU'RE DOING YOUR, UH, TELE OF TRAINING. BUT, UH, YOUR, THE MEETINGS ARE OPEN TO THE PUBLIC. THERE IS NO MEETING OF A QUORUM, UM, EXCEPT IN A PUBLIC MEETING. YOU CANNOT DELIBERATE OUTSIDE A PUBLIC MEETING. UM, QUORUM INCLUDES TELEPHONES, TEXT MESSAGES, EMAILS, SOCIAL MEDIA POSTS, UH, THE BOARD THOUGH, UM, YOU ALL DO HAVE THE RIGHT TO MEET AN EXECUTIVE SESSION TO CONSULT WITH THE CITY ATTORNEY. UM, IF THERE'S SOMETHING THAT'S REALLY STUMPING YOU OR GETTING STICKY, YOU ALL CAN ASK FOR, YOU KNOW, UH, UH, TAKE A, A BRIEF BREAK AND CONFER WITH THE CITY ATTORNEY. DON'T EVER FEEL THAT IF THINGS ARE GETTING KIND OF OUTTA HAND, THAT YOU ALL HAVE TO KEEP, CONTINUE. YOU ALL CAN TAKE A BREAK AND CONFER WITH THE CITY ATTORNEY AND MAKE SURE THAT THINGS ARE DONE, HOW THEY'RE SUPPOSED TO GO. SO, UM, DON'T BE AFRAID TO, UH, UTILIZE THE CITY ATTORNEY. THERE'S NO FEAR ON THIS BOARD. NO, THERE, THERE IS NOT. THIS, THIS IS THIS, THIS IS LEFT OVER FROM, UH, FROM BOARDS. I'VE HAD A LITTLE BIT MORE ISSUES WITH. JUST NEED TO CLARIFY. THAT INCLUDES A WALKING QUORUM. YES. THAT INCLUDES WALKING QUORUM. YEP. EVERYTHING UNDER TEXAS OPEN MEETING ACT. SAME THING. YOU ALL CAN OBVIOUSLY MEET IN A SOCIAL SITUATION OR WHATEVER, BUT YOU CAN'T DISCUSS BOARD TOPICS. OKAY. IF I TALK TO YOU AND THEN YOU TALK AND THEN TALK TO MIKE. YEP. YEP. THAT'S, THAT'S A ZERO QUORUM AS WELL. YOU CAN'T BE DOING THAT EITHER. SO JUST MAKE SURE THAT IF, IF THERE'S FOUR OR MORE OF Y'ALL THAT Y'ALL ARE NOT DISCUSSING BOARD OF ADJUSTMENT BUSINESS. SO SOME FINAL THINGS JUST TO REMEMBER. UM, SO FOR VARIANCES, UH, WE REQUIRE THAT ALL 10 REQUIREMENTS HAVE TO BE MET. IF THEY MEET NINE AND DON'T MEET ONE, CAN'T GRANT THEIR VARIANCE. WE'RE ACTUALLY PROHIBITED FROM YES. GRANTING IT IN THAT CASE. EXACTLY. WE TRY TO MENTION THAT EVERY TIME. YEP. YEAH. AND, AND, AND YOU ALL CAN SIT THERE AND KIND OF CRAFT IF YOU THINK IT'S GONNA GET THERE, BUT YOU KNOW, NINE IS NOT 10. YOU HAVE TO HAVE ALL 10 TO GET THE, UH, TO GET A A VARIANCE. THE HARDSHIP CAN'T BE SELF-CREATED. THAT'S OBVIOUSLY RULE NUMBER ONE. BUT THAT, UH, UNDERLIES A LOT OF WHAT GOING ON HERE. UH, THE BOARD OF ADJUSTMENT ACTIONS CAN BE APPEALED TO DISTRICT COURT. YOUR FINDINGS ARE GONNA BE A MAJOR PART OF ANY APPEAL. SO WHEN YOU ARE CREATING YOUR FINDINGS, YOU NEED TO STATE WHY EACH FACTOR IS OR IS NOT MET. UM, SO AGAIN, WHAT WE PUT IN OUR STAFF REPORTS IS WHAT WE WOULD ENCOURAGE YOU ALL AS YOUR FINDINGS. IF YOU'RE GONNA DEVIATE FROM THAT, YOU NEED TO, UM, SPECIFICALLY SAY WHY EACH FACTOR IS OR IS NOT BEING MET. YOU ALSO NEED TO BE CAREFUL TO SPECIFICALLY DEFINE WHAT IS BEING APPROVED. UM, SO JUST SAYING, EH, WE'RE GONNA GRANT A FIVE FOOT SETBACK VARIANCE. A VARIANCE FROM WHAT? A VARIANCE FOR WHAT? UM, SO YOU NEED TO BE VERY SPECIFIC IN THAT. UM, AGAIN, BECAUSE THE VARIANCE IS, IT'S VERY LIMITED. YOU'RE SAYING IT'S A FIVE FOOT SETBACK FROM THE SIDE SETBACK ALONG NORTH MAIN STREET, YOU KNOW, SOMETHING LIKE THAT. UM, SO THAT THEY DON'T BELIEVE THEY HAVE CARTE BLANCHE OF, WELL, I CAN JUST DO IT BY SETBACK WHEREVER I WANT TO BE. I NEED TO MAKE SURE IT'S VERY CLEAR. IT IS UP TO THE APPLICANT TO JUSTIFY THE VARIANCE. IF YOU NEED MORE INFORMATION, YOU, YOU HAVE THE RIGHT TO TABLE THE APPLICATION TO ALLOW THE APPLICANT TO PROVIDE ADDITIONAL INFORMATION. OR YOU CAN MAKE THE FINDING THAT ONE OR MORE FACTORS IS NOT MET. SO YOU WILL HAVE THAT, THAT DISCRETION. UM, AND THEN THE FINAL THING JUST TO REMEMBER, IS THE REQUEST DUE TO UNIQUE CLEAR JURISDICTIONS OF THE PROPERTY OR IS THE PRODUCT OF THE APPLICANT'S LIFESTYLE OR DISAGREEMENT WITH THE ORDINANCE? THAT'S ALL I HAVE. ANY QUESTIONS? Y'ALL GOOD? JUST A GOOD REFRESHER. SO VERY GOOD REFRESHER. RIGHT? THANK YOU VERY MUCH. OF COURSE. YOU THINK WE SHOULD DO IT IN ? SO, SO MOVED. RYAN, WHERE'S YOUR ALRIGHT, Y'ALL HAVE A GREAT NIGHT. THANKS YOU AGAIN. WELL DONE. WELL DONE, RYAN. YES. THANK YOU. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.